In a message dated 17/02/04 00:19:57 GMT Standard Time,
[log in to unmask] writes:
> Given Durrant ruling does DPA apply at all to your signature as a datum and
> if not does either party have any defined security obligation at law to
> protect it from misuse? If so what law? e.g Anyone with any obligation to protect
> a signature from fraudulent use other than the individual themselves.
>
---------
I would argue that it would be an item of personal data if it was stored with
other information that identifies you. If for example the signature was for
purposes of security (eg passport, driving licence, authority to sign orders,
etc) it is going to be an item of personal data because if it wasn't stored
against other personal details about you there'd be no point having it at all.
Any signature stored on its own means nothing and therefore is nothing.
If the signature is then presented as evidence that the signatory committed
fraud then it might also be sensitive personal data.
Isn't this one of those Common Sense approaches?
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|